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Our Worst Nightmares About the Government Tracking Us Just Came True
Gizmodo ^ | 26 August, 2010 | Gizmodo

Posted on 08/29/2010 3:23:07 PM PDT by James C. Bennett

It's okay for the government to plant a GPS tracker on the car parked in your driveway, tracking everywhere you go. It doesn't violate your rights, at all—according to the Ninth Circuit Court of Appeals.

The US Court of Appeals for the Ninth Circuit, which covers California, Arizona, Oregon and a bunch of the western US, has ruled that the government did nothing wrong when the DEA planted a GPS tracking device on Juan Pineda-Moreno's Jeep, which was parked in his driveway—without a search warrant. The underpinning for the ruling is that there is no reasonable expectation of privacy in your driveway—unless you're loaded and it's kept safe, hidden from the outside world by gates or other security measures—and you have no reasonable expectation not to be tracked by the government.

It's the worst of all possible outcomes, our darkest nightmares about the increasingly mindful technology we put in our pockets come true—that technology being blithely turned against us by our government in a move that only be described as Orwellian, even if that goes the writerly instinct to avoid cliches. Because it's not so much cliche as it is fact. That decision says it's okay for the government to track our movements, everywhere we go, without so much as a scratched slip of paper, eliding all of the protections that are supposedly in place to prevent that kind of thing from happening.

The 'slippery slope' is typically deployed as a trope to argue against men marrying men sliding into a world where dudes do dogs, but if you squint, it's not so hard to see how if it's okay for the government to plant a GPS tracker on your vehicle in the night, without a warrant, it could progress to suddenly being okay to flip the switch on your phone, tracking everywhere it went—after all, if Google can know where you're at, why can't the government?

The Ninth US Circuit Court of Appeals is the same court that ruled it was okay to search the contents of laptops without even a reasonable suspicion that you're doing something illegal, arguing they're just like any other dumb piece of luggage. Together these two rulings—along with every other boneheaded government utterance about technology, from copyright to broadband regulation—highlight how desperately we need smarter, more considerate laws, rules and regulations when it comes to how the government can use technology for and against the people.

Otherwise we're screwed.


TOPICS: Business/Economy; Culture/Society; News/Current Events; Technical
KEYWORDS: 666; fourthamendment; government; gps; gpstracking; rights; spy; surveillance; warrantlesssearch

1 posted on 08/29/2010 3:23:09 PM PDT by James C. Bennett
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To: James C. Bennett

I’m sure that some smart person will start up a website that shows what they look like and where to look for them, so that they can be conveniently affixed to a passing, random bus.


2 posted on 08/29/2010 3:30:43 PM PDT by Riley (The Fourth Estate is the Fifth Column.)
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To: Riley

See the next article:

http://www.freerepublic.com/focus/f-news/2579752/posts

:^)


3 posted on 08/29/2010 3:34:49 PM PDT by James C. Bennett
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To: James C. Bennett

The spy gadget market for GPS detectors just went up.


4 posted on 08/29/2010 3:35:07 PM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: James C. Bennett

Already found it. :-)


5 posted on 08/29/2010 3:35:45 PM PDT by Riley (The Fourth Estate is the Fifth Column.)
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To: James C. Bennett

I should have read down before replying.


6 posted on 08/29/2010 3:36:35 PM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: James C. Bennett

It shouldn’t be too long before some poor dupe is dragged before the courts and summarily found guilty for fatally shooting some DEA flunky while he/she plants one of these devices.


7 posted on 08/29/2010 3:38:58 PM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: Riley
All governments and all law enforcement agencies are the enemy. This was not always the case, but the sooner we understand that the gigantic snowball rolling down the hill is going to flatten all of our freedoms and individual liberties, the less drastic and violent will be our fight to regain them.
8 posted on 08/29/2010 3:40:52 PM PDT by Carl from Marietta
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To: James C. Bennett

Remember they did this to Scott Peterson when they were worried he would flee to Mexico after killing his wife, Laci?

BTW, Gizmodo also had an [illegal] GPS blocker on their site last week.


9 posted on 08/29/2010 3:40:55 PM PDT by BunnySlippers (I love BULL MARKETS . . .)
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To: James C. Bennett

Time to put GPS devices on some judges’ cars and publish their activities.


10 posted on 08/29/2010 3:44:26 PM PDT by Eagle Eye (A blind clock finds a nut at least twice a day.)
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To: Eagle Eye
Time to put GPS devices on some judges’ cars and publish their activities.

If it's legal for the police to do it, it's legal for anyone.

I'm sure the late night visits to the cheap motels will be very interesting to the public.

11 posted on 08/29/2010 3:52:57 PM PDT by seowulf ("If you write a whole line of zeroes, it's still---nothing"...Kira Alexandrovna Argounova)
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To: Eagle Eye

A good friend had an interesting experience. A decade ago he regularly flew between the US and Mexico. One day he found a hidden transponder on his aircraft. He removed it and later placed it on the local DEA supervisors vehicle.

The bumbling feds probably lost track even of that.


12 posted on 08/29/2010 3:53:11 PM PDT by petertare (--.)
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To: James C. Bennett

One word- “APPEAL”.


13 posted on 08/29/2010 4:01:43 PM PDT by gidget7 ("When a man assumes a public trust, he should consider himself as public property." Thomas Jefferson)
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To: James C. Bennett
and you have no reasonable expectation not to be tracked by the government.

WTF!!!!!!! The hell you say.

14 posted on 08/29/2010 4:04:54 PM PDT by mc5cents
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To: James C. Bennett

No doubt if one discovered and destroyed the tracking device, one would be brought up on charges for destroying govt property.

Is it illegal to remove the tracking device?


15 posted on 08/29/2010 4:07:40 PM PDT by Gene Eric (Your Hope has been redistributed. Here's your Change.)
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To: James C. Bennett; All


Frowning takes 68 muscles.
Smiling takes 6.
Pulling this trigger takes 2.
I'm lazy.

16 posted on 08/29/2010 4:10:08 PM PDT by The Comedian (Evil can only succeed if good men don't point at it and laugh.)
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To: James C. Bennett

First my dog would be barking and then I’d shoot whoever it was messing around with my car(s).

I’m not to worried... hopefully one of the judges from the US Court of Appeals for the Ninth Circuit would be there as well. Might as well get my monies worth.


17 posted on 08/29/2010 4:27:05 PM PDT by maddog55 (OBAMA, Why stupid people shouldn't vote.)
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To: James C. Bennett

Face it. Any corrupt administration can order its police to do anything at all, and they will obey. Police are trained to obey and get their jollies from catching “criminals” even if they aren’t really criminals but their boss says they are. It’s still fun.

The police come with deadly force, handcuffs. nightsticks, mace, tasers and the ability to put you away for the rest of your life after confiscating all your property.
So you don’t mess with the police. They are no more guilty than the police dog - jess doing what they are tole.


18 posted on 08/29/2010 4:50:01 PM PDT by Leftism is Mentally Deranged (Annoying liberals is my goal. I will not be silenced.)
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To: Neil E. Wright

Ping for Privacy...


19 posted on 08/29/2010 4:53:28 PM PDT by dcwusmc (A FREE People have no sovereign save Almighty GOD!!! III OK We are EVERYWHERE)
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